Patna High Court - Orders
Ankit Kumar @ Niranjan Kumar vs The State Of Bihar on 12 December, 2024
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23772 of 2024
Arising Out of PS. Case No.-4 Year-2024 Thana- BIKRAMGANJ District- Rohtas
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Ankit Kumar @ Niranjan Kumar S/o Baliram Singh R/o Village- Motha, P.S.-
Karakat, District- Rohtas, Sasaram (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ayushi Singh Daughter of Sushil Kumar R/O Vill.- Saraw, P.o.- Saraw, P.s.-
Natwar, Dist.- Rohtas. At Present R/O Vill.- Barna, P.s.- Dharupur, P.S.-
Bikramganj, Dist.- Rohtas.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh, No. 1, APP
For the Informant : Mr. Dharmendra Kumar Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 12-12-2024Heard Mr. Krishna Prasad Singh, learned Senior counsel for the petitioner, Mr. Aditya Narayan Singh representing the State and Mr. Dharmendra Kumar Singh representing the informant.
2. The petitioner is in custody in connection with Bikramganj P.S. Case No. 04 of 2024 for the offence punishable under sections 384, 406, 420 and 120(B) of the Indian Penal Code and Section 66(D) of the Information Technology Act and Sections 12 and 14 (1) of the POCSO Act lodged on 02.01.2024 by the informant, XXXX.
3. As per the prosecution story, the victim alleged that though she was having conversation with the petitioner, of late, Patna High Court CR. MISC. No.23772 of 2024(6) dt.12-12-2024 2/5 his mental condition deteriorated inasmuch as he started blackmailing/threatening her of putting the video viral. He further wanted to immediately take steps so that she get married with him, failing which, can throw the acid on her and also try to kill her family members. The girl alleges that the ornaments of her maternal aunt (mami) (description given in the FIR itself) was also taken by the petitioner. As his torture became unbearable and was also making her movement to the College impossible, left with no alternative, the FIR.
4. In this case, pursuant to his arrest and filing of the bail petition, a Coordinate Bench on 09.07.2024 granted him provisional bail which got extended from time to time, the last being on 18.10.2024 by this Court.
5. It is the case of the learned Senior counsel for the petitioner that contrary to the allegations made, neither the Police has recovered/seized any ornament nor there is any description of video getting viral. The fact remains that he was in a relationship, it deteriorated later for which, he has already suffered by being in custody for six months before was granted provisional bail.
6. Further, on instruction, learned Senior counsel undertakes that under no circumstance, he will come anywhere Patna High Court CR. MISC. No.23772 of 2024(6) dt.12-12-2024 3/5 near either the informant and/or her family members, either physically and/or through phone/call/any other mode. Failure to do so, the State/informant's side will have the liberty to immediately take steps for cancellation of his bail bond.
7. It is his further submission, on instruction, that the petitioner if granted relief intends to visit the Bikramganj Police Station (Rohtas) every Saturday and Sunday for next six months for cleaning the Police Station premises for two hours between 11:00 AM to 01:00 PM and further, if allowed, will also like to plant a sapling in the said premises at the end of six months. He also undertakes to diligently appear in trial.
8. Learned counsel for the informant has sought for time on 18.10.2024 and 26.11.2024 to file counter-affidavit but the same has not filed till date and today, the submission is that he is ready to pursue the matter without reply.
9. Learned APP and learned counsel for the informant jointly opposes the prayer submitting that he made the life of the girl hell by torturing her both physically as also through telephonic communication. It is their further joint submission that contrary to the stand taken by the learned Senior counsel, the ornaments is/are still with the petitioner. However, learned APP after perusing the case diary do acknowledges that the Patna High Court CR. MISC. No.23772 of 2024(6) dt.12-12-2024 4/5 details of any viral video is unavailable.
10. Having gone through the facts of the case, the materials on record as also the submissions of the learned Senior counsel/learned counsel for the informant/learned APP, though it is painful that a young girl who wants to pursue her study, was repeatedly harassed by this petitioner making her movement to the College impossible, the facts remain that the petitioner himself is a nineteen years old boy, a student, has already suffered by being in custody for six months, putting him in jail for long with dreaded criminals, may ultimately ruin his future, a chance has to be given to him to reform himself.
11. Further, an undertaking has been given by the learned Senior counsel on instruction that he will not come anywhere near either the informant and/her family members and it is expected that whatever the petitioner has taken from the informant and/or is with him, whether it is the alleged video and/or the ornaments, the same shall be released in favour of the informant/her family members.
12. In that background, the provisional bail granted to him vide order dated 09.07.2024 stands confirmed. This is subject to his movement to the Police Station concerned (Bikramganj Police Station, Rohtas) every Saturday and Patna High Court CR. MISC. No.23772 of 2024(6) dt.12-12-2024 5/5 Sunday from 11:00 AM to 01:00 PM for next six months whereafter the Station Head Officer of the Bikramganj Police Station shall allow him to plant a sapling and the report/photograph shall be sent to this Court alongwith his report after the end of six months.
13. At the end of six months, the petitioner shall be filing a supplementary affidavit bringing on record, the report of the S.H.O., Bikramganj/the photographs of planting of the sapling.
14. List this case under the heading "To be Mentioned" on 25.07.2025 at 2:15 PM as a Tied Up matter to peruse the report.
(Rajiv Roy, J) Adnan/-
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